Phillips v. Cohn

277 A.D.2d 40, 715 N.Y.S.2d 314, 2000 N.Y. App. Div. LEXIS 11248

Opinion

—Order, Supreme Court, Bronx County (Bertram Katz, J.), entered on or about January 25, 2000, which denied defendants-appellants’ motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

Although the vehicle driven by defendant-appellant Nicoletta Argyros was struck from behind by plaintiffs’ vehicle after plaintiffs’ vehicle was struck from behind by a third vehicle, the record discloses a factual issue as to whether, at the time of the accident, the Argyros vehicle had suddenly stopped in a moving lane of traffic and, accordingly, as to whether negligent operation of the Argyros vehicle contributed to plaintiffs’ harm (see, Migdol v Striker, 215 AD2d 358; see also, Tann v Herlands, 224 AD2d 230). Concur — Tom, J. P., Mazzarelli, Lerner, Rubin and Friedman, JJ.